UPC_CFI_835/2025

Under Rule 265.1 UPC, a claimant may request withdrawal while no final decision on the action has been issued; in this case, the Court permitted withdrawal because no party had asserted a legitimate interest in a decision on the merits, no such interest was otherwise apparent, and the defendant had consented.

Under Rule 265.2(c) UPC, the Court must make a costs decision in connection with a withdrawal, and a party agreement or out-of-court settlement concerning costs is generally to be taken into account unless there is a reason to depart from that approach.

Where the claimant requests partial reimbursement and withdraws the action before the date fixed for completion of the written procedure, the Court may order the corresponding partial reimbursement under Rules 370.9(b)(i) and 370.11 UPC; here, the Court relied on the withdrawal before the deadline fixed under Rules 58 and 35 UPC.